WASHINGTON – U.S. Senator John Cornyn (R-TX) cosponsored the American Energy and Mineral Infrastructure Act, legislation from Senator Alan Armstrong (R-OK) that would streamline the federal permitting process to support domestic energy and mineral infrastructure projects:

“As energy use rises, we must remove unnecessary barriers holding us back from building reliable infrastructure that can keep up with demand,” said Sen. Cornyn. “I am proud to join Senator Armstrong as a cosponsor of the American Energy and Mineral Infrastructure Act, which would help streamline the process for federal permitting and construction and allow Texas to continue fueling the nation.”

Senators Tom Cotton (R-AR), Lisa Murkowski (R-AK), David McCormick (R-PA), Bernie Moreno (R-OH), Tim Sheehy (R-MT), Marsha Blackburn (R-TN), Steve Daines (R-MT), Roger Marshall (R-KS), John Kennedy (R-LA), Ted Budd (R-NC), Roger Wicker (R-MS), Jon Husted (R-OH), Senators Cynthia Lummis (R-WY), Rick Scott (R-FL), Katie Britt (R-AL), and James Lankford (R-OK) are also cosponsors of the legislation.

Background:

The National Environmental Policy Act (NEPA) requires federal agencies to coordinate and conduct a review of an energy infrastructure project’s environmental effects and publish a detailed description known as an environmental impact statement and environmental assessments before issuing a permit to construct the project. However, the process is increasingly bogged down by unnecessary litigation and plaintiffs alleging that agencies are failing to properly prepare NEPA documentation, accurately assess an energy project’s environmental impact, or sufficiently evaluate relevant information. Lawsuits challenging a federal agency’s NEPA review can delay a critical energy infrastructure project for years. Appeals often further delay the timeline by a minimum of four years, which can cause developers to waste funds and abandon the project. As a result of the litigation hurdles and permitting delays, more than 4,000 miles of pipeline projects to expand capacity and support energy demand are on hold.

The American Energy and Mineral Infrastructure Act would:

• Strengthen the Federal Energy Regulatory Commission’s (FERC) role as the lead agency for interstate natural gas pipelines and liquified natural gas (LNG) facilities, ensuring that no single state can unilaterally block federally authorized projects and reduce delays caused by duplicative or overlapping reviews;
• Ensure consistent evidence-based environmental decision-making and include targeted reforms to the Clean Water Act 401 review process for all types of infrastructure;
• Provide certainty with the U.S. Environmental Protection Agency’s (EPA) general permits and nationwide permits by eliminating duplicative review, extending permit terms, and incorporating meaningful judicial reforms to avoid baseless lawsuits;
• Provide statutory clarification necessary to re-enable essential mining activities on federal lands;
• And clarify NEPA by codifying a targeted scope of review, preventing overly expansive environmental analyses, reaffirming the statute’s procedural nature, and establishing meaningful judicial review standards to ensure NEPA cannot be misused to stall critical infrastructure projects.

This legislation is endorsed by the American Petroleum Institute (API), American Exploration & Production Council (AXPC), Interstate Natural Gas Association of America (INGAA), GPA Midstream Association, Liquid Energy Pipeline Association (LEPA), ClearPath Action, American Public Power Association (APPA), National Rural Electric Cooperative Association (NRECA), America First Policy Institute, Pipe Line Contractors Association (PLCA), Energy Infrastructure Council, American Gas Association (AGA), National Hydropower Association (NHA), Woodside Energy, National Mining Association (NMA), American Council for Capital Formation (ACCF), NextEra Energy, ONE Gas, EQT Corporation, ACORE, Center for LNG (CLNG), Shell, United Association of Journeymen, TC Energy, Texas Pipeline Association, and Natural Gas Supply Association (NGSA).

More information on the legislation is available here.